Request for a preliminary ruling from the Oberverwaltungsgericht des Landes Sachsen-Anhalt (Germany) lodged on 8 May 2023 – European Chemicals Agency v B. GmbH
(Case C-290/23, ECHA)
Language of the case: German
Referring court
Oberverwaltungsgericht des Landes Sachsen-Anhalt
Parties to the main proceedings
Applicant and appellant: European Chemicals Agency
Defendant and respondent: B. GmbH
Questions referred
Must the first half-sentence of the first paragraph of Article 299 of the Treaty on the Functioning of the European Union (TFEU) be interpreted as applying only to decisions taken by the Council, the Commission or the European Central Bank, or does it also apply to decisions of the European Chemicals Agency imposing an administrative charge under Article 13(4) of Commission Regulation (EC) No 340/2008 1 of 16 April 2008 on the fees and charges payable to the European Chemicals Agency pursuant to Regulation (EC) No 1907/2006 2 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)?
In the event that the decision of the European Chemicals Agency on the imposition of such an administrative charge is not enforceable:
Must the third subparagraph of Article 13(4) in conjunction with the second subparagraph of Article 11(3) of Regulation (EC) No 340/2008 be interpreted as meaning that an action for enforcement of payment of the administrative charge should be ruled out?
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1 Commission Regulation (EC) No 340/2008 of 16 April 2008 on the fees and charges payable to the European Chemicals Agency pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ 2008 L 107, p. 6).
1 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1).